Home / O'Callaghan, E.B., ed. The Documentary History of the State of New York, Vol. I. Albany: Weed, Parsons and Co., 1849. / Passage

Documentary History of the State of New York, Vol. I

O'Callaghan, E.B., ed. The Documentary History of the State of New York, Vol. I. Albany: Weed, Parsons and Co., 1849. 294 words

The Common Law of England is considered as the Fundamental law of the Province and it is the received Doctrine that all the Statutes (not Local in their Nature, and which can be fitly applied to the circumstances of the Colony) enacted before the Province had a Legislature are binding upon the Colony, but that Statutes passed since do not affect the Colony, unless by being specially named, such appears to be the Intentions of the British Legislature. The Province has a Court of Chancery in which the Governor or Commander in chief sits as Chancellor and the Practice of the Court of Chancery in England

The officers of this Court consist of a Master of the Clerks in Court.

Rolls

--A Register. --An Examiner, and a Serjeant

is pursued as closely as possible newly created-- Two Masters.-- Two

at Arms. Of the Courts of Common Law the Chief is called the Supreme Court.

--

The Judges of which have all the powers of the King's Bench, Common Pleas and Exchequer in England. This Court sits once every three months at the City of New York, and the practice therein is modelled upon that of the King's Bench at Westminster.-- Tho' the judges have the powers of the Court of Exchequer they never proceed upon the Equity side. The Court has no Officers but one Clerk, and

is

not organized nor supplied with any officers in that Department of the Exchequer, which in England has the care of the revenue.--The judges of the Supreme Court hold their offices during the King's Will and Pleasure and are Judges of Nisi prius of Course by act of Assembly, & Annually perform a Circuit through the Counties.-- The Decisions of this Court in General are final unless